Scientologist loses high court wedding battle – The Guardian

Posted December 19th, 2012 in appeals, marriage, news, religious discrimination by sally

“A member of the Church of Scientology has lost her fight to get married in one of its chapels after the high court dismissed her claim that she was the victim of unlawful religious discrimination.”

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The Guardian, 19th December 2012

Source: www.guardian.co.uk

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High court quashes Hillsborough inquest verdicts – The Guardian

Posted December 19th, 2012 in evidence, inquests, news, police, sport by sally

“Twenty-two years after the original contentious inquest into the 96 victims of the Hillsborough disaster, the verdict of accidental death has been quashed in the high court.”

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The Guardian, 19th December 2012

Source: www.guardian.co.uk

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SEN Update – 11 KBW

“This paper considers developments in relation to the law on Special Educational Needs over the last year. It will address three main areas:
(1) recent SEN cases;
(2) practice and procedure issues;
(3) the Children and Families Bill.”

Full story (PDF)

11 KBW, November 2012

Source: www.11kbw.com

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Traveller family guilty of forced labour are jailed – BBC News

Posted December 19th, 2012 in assault, forced labour, gipsies, news, sentencing by sally

“Five members of a traveller family who were found guilty of keeping their own private workforce have been jailed.”

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BBC News, 19th December 2012

Source: www.bbc.co.uk

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Education and Human Rights – 11 KBW

Posted December 19th, 2012 in education, human rights, news, parental rights, special educational needs by sally

“Education lawyers cannot ignore the European Convention of Human Rights. The ‘right to education’ is enshrined in Article 2 of the First Protocol to the Convention, and other Convention rights are often in play when education decisions need to be made. In this paper, we examine in detail the content of Article 2 of the First Protocol, and highlight the other Convention rights that frequently feature in education cases.”

Full story (PDF)

11 KBW, November 2012

Source: www.11kbw.com

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Advance Decisions: getting it right? – Thirty Nine Essex Street

Posted December 19th, 2012 in consent, medical treatment, mental health, news by sally

“The provisions relating to the existence, validity and applicability of advance decisions, and especially those relating to life-sustaining treatment, are some of the most important in the Mental Capacity Act 2005 (‘MCA 2005’). The penalties for failing to comply with the procedural requirements can result in the overriding by the Court of what may appear to be clear and strongly-held views expressed by P before the onset of incapacity.”

Full story (PDF)

Thirty Nine Essex Street, December 2012

Source: www.39essex.com

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Volunteers’ status under anti discrimination law: where to now? – Cloisters

Posted December 19th, 2012 in EC law, employment, equality, news, volunteers by sally

“Judgment in the case of X v. Mid Sussex CAB was handed down by the Supreme Court 12th December 2012, in which it was held that volunteers (unpaid workers) qualify for protection from discrimination under the employment provisions of European or domestic anti discrimination law. The principle disagreement between the parties (a volunteer legal advisor and a CAB) was about the proper interpretation of Article 3 of the Framework Directive, which underlies the relevant legislation. The Appellant had argued that certain volunteers in certain situations do fall within scope – namely those whose volunteer activities closely resemble paid work. The CAB argued that no volunteers fall within the legislation, irrespective of the nature of the work that they do. In dismissing the appeal, the Court held that the law in this area was sufficiently free from doubt, such that there was no need to refer any questions to the CJEU.”

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Cloisters, December 2012

Source: www.cloisters.com

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Academies in court: recent case law – 11 KBW

“This paper concentrates on three recent cases concerning different aspects of the emerging law on Academies:
(1) Consultation on Academy conversions under s.5 Academies Act 2010 (‘the 2010
Act’);
(2) The extent of the obligation on Academies (both pre and post 2010 Act) to admit
children with a statement of Special Educational Needs (‘SSEN’); and
(3) The new Academy ‘presumption’ in s.6A of the Education and Inspections Act 2006.”

Full story (PDF)

11 KBW, 4th December 2012

Source: www.11kbw.com

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Leveson’s media arbitration scheme – The Guardian

Posted December 19th, 2012 in arbitration, media, news, ombudsmen, reports by sally

“Lord Justice Leveson’s report recommends that claims against the press be resolved fairly, quickly and cheaply by means of an arbitration scheme established by a new (statutory) regulator.”

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The Guardian, 19th December 2012

Source: www.guardian.co.uk

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Recent Statutory Instruments – legislation.gov.uk

Posted December 19th, 2012 in legislation by sally

The Civil Legal Aid (Procedure) Regulations 2012

The Council Tax (Demand Notices) (England) (Amendment) Regulations 2012

The Council Tax (Administration and Enforcement) (Amendment) (No.2) (England) Regulations 2012

The Tax Treatment of Financing Costs and Income (Correction of Mismatches: Partnerships and Pensions) Regulations 2012

Source: www.legislation.gov.uk

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Remorseful Twitter and Facebook jokers less likely to face prosecution – The Guardian

Posted December 19th, 2012 in internet, malicious communications, news, prosecutions by sally

“Drunken Twitter and Facebook users who post grossly offensive messages online may be less likely to face prosecution if they hit delete and express remorse after they sober up, Keir Starmer, the director of public prosecutions, indicated.”

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The Guardian, 19th December 2012

Source: www.guardian.co.uk

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New prosecution guidance on offensive speech online: sensible, but the law is still out of date – UK Human Rights Blog

“The Crown Prosecution Service (CPS) has published interim guidance on when to prosecute people for grossly offensive and obscene messages they send on social media. The guidelines are now subject to a full public consultation. Earlier this year, I took part in a series of round table discussions with the DPP over how the guidelines would look.”

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UK Human Rights Blog, 19th December 2012

Source: www.ukhumanrightsblog.com

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Ken Clarke fails to rule out need for secret courts in MoD cases – The Guardian

“Secret court hearings could be used when the families of soldiers who die as a result of Ministry of Defence failures pursue compensation claims, the minister responsible for the justice and security bill has admitted.”

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The Guardian, 18th December 2012

Source: www.guardian.co.uk

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Command Papers – official-documents.gov.uk

Posted December 19th, 2012 in parliamentary papers by sally

Third Report from the Foreign Affairs Committee Session 2012-13: The FCO’s Human Rights Work in 2011 Response of the Secretary of State for Foreign and Commonwealth Affairs, Cm 8506 (PDF)

Review Body on Doctors’ and Dentists’ Remuneration, Cm 8518 (PDF)

Government response: Consultation on the future of the Independent Living Fund, Cm 8420 (PDF)

Government Response to the House of Commons Science & Technology Committee Report of Session 2012-13: Regulation of medical implants in the EU and UK, Cm 8496 (PDF)

Source: www.official-documents.gov.uk

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What Barnet’s judicial review tells us about the future of outsourcing – The Guardian

“Legal process will provide a chance for the courts to consider to what extent councils should consult with constituents.”

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The Guardian, 19th December 2012

Source: www.guardian.co.uk

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BAILII: Recent Decisions

Posted December 19th, 2012 in law reports by sally

Court of Appeal (Criminal Division)

Donovan & Anor v R. [2012] EWCA Crim 2749 (18 December 2012)

Clift v R. [2012] EWCA Crim 2750 (18 December 2012)

Court of Appeal (Civil Division)

Ace European Group & Ors v Standard Life Assurance Ltd [2012] EWCA Civ 1713 (18 December 2012)

High Court (Queen’s Bench Division)

The Insight Group Ltd & Anor v Kingston Smith (a firm) [2012] EWHC 3644 (QB) (18 December 2012)

Bulic v Harwoods & Ors [2012] EWHC 3657 (QB) (18 December 2012)

High Court (Chancery Division)

Ansa Logistics Ltd v Towerbeg Ltd & Ors [2012] EWHC 3651 (Ch) (18 December 2012)

High Court (Administrative Court)

Moss & Son Ltd v Crown Prosecution Service (Rev 1) [2012] EWHC 3658 (Admin) (18 December 2012)

Ahmed, R (On the Application Of) v York Magistrates’ Court & Anor [2012] EWHC 3636 (Admin) (18 December 2012)

Mohammed, R (On the Application Of) v The Secretary of State for Defence [2012] EWHC 3454 (Admin) (18 December 2012)

Source: www.bailii.org

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Hillsborough inquest verdicts set to be quashed – The Guardian

Posted December 19th, 2012 in evidence, health & safety, inquests, judicial review, news, police, sport by sally

“The high court is being asked to quash the original accidental death inquest verdicts returned after 96 Liverpool football fans died in the crush at Hillsborough 23 years ago.”

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The Guardian, 19th December 2012

Source: www.guardian.co.uk

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Calling time on Scandalising the Court – Law Commission

“The Law Commission is recommending that the offence of scandalising the court should be abolished and not replaced.”

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Law Commission, 19th December 2012

Source: www.lawcommission.justice.gov.uk

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The Bill of Rights Commission report: a modest proposal – UK Human Rights Blog

Posted December 19th, 2012 in bills, human rights, news, reports by sally

“The Commission on a Bill of Rights has reported, just in time for its end-of-2012 deadline. The documents are here: News release ; Volume 1 ; Volume 2.”

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UK Human Rights Blog, 18th December 2012

Source:www.ukhumanrightsblog.com

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The Human Rights Act is too valuable to sacrifice to anti-European mischief – The Guardian

Posted December 19th, 2012 in bills, human rights, news, reports by sally

“Tory attempts to undermine the act threaten an expensive assault on the freedoms of the British public.”

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The Guardian, 18th December 2012

Source: www.guardian.co.uk

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